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Filing # 84194480 E-Filed 01/31/2019 10:04:18 AM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
Case No.: 2019-_____________

STEVEN MIRO
EXPEDITED TREATMENT
Plaintiff, REQUIRED BY STATUTE
v.

CITY OF MIAMI

Defendant.
_______________________________________/

COMPLAINT TO ENFORCE PUBLIC RECORDS ACT &
REQUEST FOR IMMEDIATE HEARING PURSUANT TO FLA. STAT. § 119.11

Plaintiff Steven Miro hereby sues Defendant City of Miami to enforce the Public Records

Act (the “Act”), Section 119 of the Florida Statutes, and requests an immediate hearing pursuant

to Section 119.11 of the Florida Statutes.

1. Plaintiff Steven Miro is a citizen and resident of Miami-Dade County, Florida and

has standing to make a request under the Public Records Act.

2. Defendant City of Miami is the custodian of records for the documents at issue. It

is subject to the Public Records Act. It is the City’s sole responsibility to maintain, search for

and produce all requested public records.

3. Jurisdiction and venue is proper pursuant to Section 119.11 of the Florida

Statutes.

4. All conditions precedent, if any, have been satisfied. Extensive pre-suit, written

correspondence was sent by Miro to the City requesting the documents requested in the public

records request.

KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
Count I – Immediate Access to Public Records

5. Plaintiff incorporates paragraphs 1- 4.

6. On November 27, 2018, a written, web (internet based) request was made to the

City of Miami under the Act. See Exhibit A. The request was authorized by the Plaintiff. It was

assigned PRR No. 18-1997 by the City.

7. The request asked for eight sets of public documents:

1. All documents relating to the termination of
former employee Steven Miro. This includes all
correspondence and memos (including
electronically stored documents) between or among
Commissioner Carollo's office and the Office of
the City Manager. This request includes any
memos sent to the City Manager requesting or
suggesting that Steven Miro be terminated, and
memos sent back from the City Manager's office.
This includes any internal notes from any city
employee concerning the same. Note that there is
no temporal limitation to this request.

2. All text messages or emails (from any phone or
any email account of any kind) sent to or
received by (i) Anthony Barcena, (ii) Jesus
Suarez, (iii) Mara Roman, (iv) Gisela Maestre,
(v) Joe Carollo, and/or (vi) Richard Blum that
refer or relate to Steven Miro in any way. (Cell
phone numbers for these individuals can be
provided to the City upon request).

3. All text messages or emails (from any phone or
any email account of any kind) sent to or
received by (i) Anthony Barcena, (ii) Jesus
Suarez, (iii) Mara Roman, (iv) Gisela Maestre,
(v) Joe Carollo, and/or (vi) Richard Blum that
refer or relate to any investigation by any
federal, state or local prosecutor in any way.
(Cell phone numbers for these individuals can be
provided to the City upon request).

2
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
4. All text messages (from any phone) between or
among (i) Anthony Barcena, (ii) Jesus Suarez,
(iii) Mara Roman, (iv) Gisela Maestre, (v) Joe
Carollo, and/or (vi) Richard Blum that concern
City of Miami business in any way and that were
sent or received at any point between May 20,
2018 and June 20, 2018.

5. All policies or procedures (whether currently or
formerly in place) concerning City employees and
commissioners use of text messages and/or private
email accounts (such as Hotmail.com) to conduct
City of Miami business.

6. All policies or procedures the City of Miami has
in place (and/or has ever had in place) to obtain
City of Miami public records stored on the cell
phone or private email account (such as
Hotmail.com) of City employees and commissioners.

7. All documents relating to the City’s response to
Joe Carollo’s public records request made on June
7, 2018. (To clarify, please note that this
request is not requesting documents responsive to
the request made by Carollo, but rather documents
relating to the City’s response to and handling
of the request).

8. All text messages or emails (from any phone or
any email account of any kind) sent to or
received by (i) Anthony Barcena, (ii) Jesus
Suarez, (iii) Mara Roman, (iv) Gisela Maestre,
(v) Joe Carollo, and/or (vi) Richard Blum that
(a) refer or relate to Alex Diaz de la Portilla
and/or, Tania Cruz Gimenez and/or (b) were sent
to or received by Alex Diaz de la Portilla and/or
Tania Cruz Gimenez. For this request, you may
limit the time period to March 31, 2018 through
August 1, 2018 (inclusive).

3
KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
8. The City has produced a limited number of documents but its document

production but has been woefully deficient. The City has intentionally slow-walked and

otherwise stonewalled its production of documents.

9. For example, no emails or text messages have been produced.

10. For example, Miro is aware that Carollo sent a written memo to the City Manager

requesting that the City Manager terminate Miro. The City Manager refused and sent a memo

back to Carollo indicating as such. There is written documentation concerning this. These

documents have been withheld without explanation.

11. Over nine weeks after making the request, the City has produced virtually no

documents responsive to the request.

12. No objection to responding or to producing the requested documents has been

served or raised by the City.

13. The City has refused to provide any firm date for the production of the responsive

documents and has otherwise slow-rolled the entire process.

14. To this day, the Plaintiff does not know whether the Defendant has produced all

responsive documents to the public records request. By all accounts, the City has not produced

all responsive documents and does not even know what responsive documents exist.

15. The City is systematically violating the Act by not maintaining public records.

16. Accordingly, the City has violated the Act by failing to produce a public record

that was requested.

Prayer for Relief

Plaintiff Steven Miro requests judgment entered in his favor and against the City of

Miami by declaring the City to be in violation of the Act, to enter a mandatory injunction and/or

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KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
a writ of mandamus 1 ordering the City to produce the requested documents immediately, award

Plaintiff, pursuant to § 119.12, his reasonable costs of enforcement including reasonable

attorneys’ fees, costs and expenses, and any further relief this Court deems proper.

Respectfully submitted,

_/s/ Matthew Sarelson
Matthew Seth Sarelson, Esq.
Florida Bar 888281
KAPLAN YOUNG & MOLL PARRÓN
Attorneys for Plaintiff Steven Miro
600 Brickell Avenue, Suite 1715
Miami, Florida 33131
Phone (305) 330-6090
msarelson@kymplaw.com

1
In previous PRR lawsuits, the City has argued that a “Complaint” is not the appropriate
pleading to compel compliance with the Act but rather only a writ of mandamus. Plaintiff
disputes this contention, but in an abundance of caution, and to placate the City of Miami,
Plaintiff alternatively requests entry of a writ of mandamus requiring compliance.
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KAPLAN YOUNG & MOLL PARRÓN, 600 Brickell Avenue, Suite 1715, Miami, Florida 33131, 305.330.6090
www.kymplaw.com
1/31/2019 Request 18-1997 - NextRequest - Modern FOIA & Public Records Request Software

O Request #18-1997
   OPEN
ENT
As of January 31, 2019, 8:57am

Details

1. All documents relating to the termination of former employee Steven Miro.
This includes all correspondence and memos (including electronically stored
documents) between or among Commissioner Carollo's o ce and the O ce
of the City Manager.  This request includes any memos sent to the City
Manager requesting or suggesting that Steven Miro be terminated, and
memos sent back from the City Manager's o ce.  This includes any internal
notes from any city employee concerning the same.  Note that there is no
temporal limitation to this request.

2. All text messages or emails (from any phone or any email account of any
kind) sent to or received by (i) Anthony Barcena, (ii) Jesus Suarez, (iii) Mara
Roman, (iv) Gisela Maestre, (v) Joe Carollo, and/or (vi) Richard Blum that refer
or relate to Steven Miro in any way. (Cell phone numbers for these
individuals can be provided to the City upon request).
3. All text messages or emails (from any phone or any email account of any
kind) sent to or received by (i) Anthony Barcena, (ii) Jesus Suarez, (iii) Mara
Roman, (iv) Gisela Maestre, (v) Joe Carollo, and/or (vi) Richard Blum that refer
or relate to any investigation by any federal, state or local prosecutor in any
way. (Cell phone numbers for these individuals can be provided to the City
upon request).

4. All text messages (from any phone) between or among (i) Anthony Barcena,
(ii) Jesus Suarez, (iii) Mara Roman, (iv) Gisela Maestre, (v) Joe Carollo, and/or
(vi) Richard Blum that concern City of Miami business in any way and that
were sent or received at any point between May 20, 2018 and June 20, 2018.
5. All policies or procedures (whether currently or formerly in place) concerning
City employees and commissioners use of text messages and/or private
email accounts (such as Hotmail.com) to conduct City of Miami business.

6. All policies or procedures the City of Miami has in place (and/or has ever had
in place) to obtain City of Miami public records stored on the cell phone or
private email account (such as Hotmail.com) of City employees and
commissioners.

7. All documents relating to the City’s response to Joe Carollo’s public records
request made on June 7, 2018. (To clarify, please note that this request is not
requesting documents responsive to the request made by Carollo, but rather
documents relating to the City’s response to and handling of the request).
 Read less

Received
November 27, 2018 via web
EXHIBIT A
https://miami.nextrequest.com/requests/18-1997 1/4
1/31/2019 Request 18-1997 - NextRequest - Modern FOIA & Public Records Request Software

Departments

Documents

44326 - Miro, Steven - Section II.PDF
44326 - Miro, Steven - Section II.PDF
APM 1-98 USE OF THE CITY'S COMMUNICATION INFORMATION SYSTEM.pdf
APM 4-11 Public Records.pdf
FW PRR 18-1201.msg
FW Request.msg
https://miami.nextrequest.com/requests/18-1201
https://miami.nextrequest.com/requests/18-1272
https://miami.nextrequest.com/requests/18-1600
https://miami.nextrequest.com/requests/18-1823
https://miami.nextrequest.com/requests/18-2021
https://miami.nextrequest.com/requests/18-2063
https://miami.nextrequest.com/requests/18-521
https://miami.nextrequest.com/requests/18-827#
https://miami.nextrequest.com/requests? lter=18-980
MX-M266N_20181105_112328.pdf
Re Miro termination.msg

Sta

Point of Contact
Stephanie Schloss-Sassi

Timeline

Document(s) Released Public

44326 - Miro, Steven - Section II.PDF
January 3, 2019, 12:32pm

Document(s) Released Public

APM 4-11 Public Records.pdf
https://miami.nextrequest.com/requests/18-1997 2/4
1/31/2019 Request 18-1997 - NextRequest - Modern FOIA & Public Records Request Software
December 26, 2018, 7:11pm

Document(s) Released Public

FW Request.msg
FW PRR 18-1201.msg
MX-M266N_20181105_112328.pdf
December 18, 2018, 11:04am

Document(s) Released Public

44326 - Miro, Steven - Section II.PDF
December 18, 2018, 10:35am

Document(s) Released Public

https://miami.nextrequest.com/requests/18-2063
December 18, 2018, 10:35am

Document(s) Released Public

https://miami.nextrequest.com/requests/18-827#
December 18, 2018, 10:34am

Document(s) Released Public

https://miami.nextrequest.com/requests/18-1600
December 18, 2018, 10:27am

Document(s) Released Public

https://miami.nextrequest.com/requests/18-1272
December 18, 2018, 10:26am

Document(s) Released Public

https://miami.nextrequest.com/requests/18-2021
December 18, 2018, 10:25am

Document(s) Released Public

https://miami.nextrequest.com/requests/18-1823
December 18, 2018, 10:24am

Document(s) Released Public

https://miami.nextrequest.com/requests/18-521
December 18, 2018, 10:23am

https://miami.nextrequest.com/requests/18-1997 3/4
1/31/2019 Request 18-1997 - NextRequest - Modern FOIA & Public Records Request Software

Document(s) Released Public

https://miami.nextrequest.com/requests/18-1201
December 18, 2018, 10:22am

Document(s) Released Public

https://miami.nextrequest.com/requests? lter=18-980
December 18, 2018, 10:20am

Document(s) Released Public

Re Miro termination.msg
December 5, 2018, 7:07pm

Document(s) Released Public

APM 1-98 USE OF THE CITY'S COMMUNICATION INFORMATION
SYSTEM.pdf
December 5, 2018, 4:52pm

Document(s) Released to Requester Public

44326 - Miro, Steven - Section II.PDF
December 5, 2018, 11:51am

Request Opened Public

Request received via web
November 27, 2018, 8:45pm

https://miami.nextrequest.com/requests/18-1997 4/4